An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 of this enactment amends the Tobacco Act. In order to respond to the report of the House of Commons’ Standing Committee on Health entitled Vaping: Toward a Regulatory Framework for E-Cigarettes, it amends the Act to regulate the manufacture, sale, labelling and promotion of vaping products and changes the title of the Act accordingly. It also amends certain provisions of the Act relating to tobacco products, including with respect to product standards, disclosure of product information, product sale, sending and delivery and product promotion. The schedule to the Act is amended to add menthol and cloves as prohibited additives in all tobacco products. As well, it adds new provisions to the Act, including in respect of inspection and seizure.
Part 1 also makes consequential amendments to the Food and Drugs Act and the Canada Consumer Product Safety Act.
Part 2 of this enactment amends the Non-smokers’ Health Act to regulate the use of vaping products in the federal workplace and on certain modes of transportation.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:15 a.m.


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Liberal

Bill Blair Liberal Scarborough Southwest, ON

Madam Speaker, the issue of contraband cigarettes is a significant concern for this government, because it is the way many young people are accessing tobacco products. We rely, again, on the evidence and experience of other jurisdictions in this regard. There is very strong evidence from Australia, in particular, that indicates that plain packaging has no deleterious effects on the increased use of contraband products. They also faced challenges there.

Our government remains committed to working with law enforcement authorities and others to reduce the incidence of contraband tobacco within our society. However, based on the evidence available to us, we do not believe that the introduction of plain packaging will have a negative effect on those efforts.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:15 a.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, there has long been a concern about flavoured tobacco drawing in youth who begin smoking it at an early age, and then we have other Canadians addicted. I am wondering if the member supports adding menthol and cloves as prohibited additives in all tobacco products so as to discourage young people from being drawn toward tobacco products because they find them appealing.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:15 a.m.


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Liberal

Bill Blair Liberal Scarborough Southwest, ON

Madam Speaker, in my remarks I said that we have already eliminated 95% of use. These regulations in Bill S-5 will enable us to prohibit the use of all tobacco products flavoured with menthol and cloves to address the concern she raises.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:15 a.m.


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Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Madam Speaker, my question focuses on youth and nicotine addiction. I have experienced, through my career working with youth, that they are often driven to nicotine addiction as a result of stress in school and in their lives, for example. I know that Bill S-5 addresses youth in particular with respect to the development of nicotine addiction. I am wondering if the member could expand on some of the things in this bill that would directly address nicotine addiction among youth.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:15 a.m.


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Liberal

Bill Blair Liberal Scarborough Southwest, ON

Madam Speaker, I share the member's concern about the effects of tobacco use on the long-term health of our kids. That is why this bill is a very strong step forward. It would enable us to restrict access to it by young people. As I mentioned in my earlier remarks, the government is also making significant investments in research and treatment to ensure that we achieve this not only through regulation but through significant investments in those kids and their health.

We also recognize that there are many social determinants of tobacco use in our society, and we see those social determinants not only through Bill S-5 but through the entire government agenda. We are attempting to address social conditions such as unemployment, poverty, and lack of access to adequate services, which have in many communities resulted in increased tobacco use. Through regulation, we are ensuring that tobacco products are not appealing to young people, but at the same time, we are making other significant investments to change the circumstances in which the choice to use tobacco products is made by our kids.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:20 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, the vaping industry has grown quite significantly over the last number of years. When we have an industry such as that growing, the national government and other stakeholders, and I am thinking in particular of the provinces, need to look at how that industry is developing, especially when it comes to young people and others. I wonder if my friend and colleague could provide his thoughts on why it is so important that the government monitor industries such as that in the hope that we continue to go in the right direction.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:20 a.m.


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Liberal

Bill Blair Liberal Scarborough Southwest, ON

Madam Speaker, one of the things the government recognized, based on the evidence we heard in our consultations and from the witnesses who came before committee, was that there was some potential in alternatives to smoking, such as vaping, to be less harmful. However, we also heard that there was not yet a great deal of evidence as to what the actual health effects might be of vaping. That is one reason we have taken a cautious approach by putting what we believe are appropriate restrictions on the marketing of vaping products to make sure that Canadian consumers have health information and that young people, in particular, are not introduced to or having access to these products or having them marketed to them. It is to protect them from making that choice.

We heard a real concern that vaping could renormalize tobacco. We have made incredible strides in Canadian society in de-normalizing the use of tobacco. I think our kids recognize, in increasing numbers, the health risks tobacco usage represents to them. We do not want to change that path. In effect, we want to build upon it and continue to move forward. Therefore, we will continue to be very cautious with the use of alternative methods of ingestion that may not yet have the proven health benefits that are often promoted by the manufacturers.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:20 a.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, it is a pleasure to speak today on Bill S-5 regarding plain packaging and vaping.

Canada has come a long way in terms of smoking cessation. Over the last number of years, half a century or so, the smoking rate has been reduced from about 50% to 13%, and the Conservative Party has been a great part of that. During the time we were in government, we definitely promoted many plans and programs that promoted the cessation of smoking. In fact, at one point, we focused specifically on youth, because there was a concern that youth smoking rates were rising again. We were able to reduce those rates from 33% to less than 20%. I think we need to continue to march along and figure out how to reduce smoking among young people and, of course, all Canadians.

One of the things I find a little hypocritical about the government is that in the budget, the Liberals introduced $80 million to stop people from smoking but $800 million to get them to start smoking marijuana. I think that is a total misalignment, in terms of health outcomes, that we would want to look at.

In terms of studying the bill, it was actually quite an education for me. We got to see all kinds of little products. There is a lot of new technology that has been developed. I did not bring any of it today, of course, because we do not allow props, but to let members know, there is a myriad of new technologies coming forward.

There is something called the HeatSticks, which are little tobacco sticks that are not combusted. The sticks are put in a device that heats them so that there are fewer harmful products. It is for harm reduction, in terms of health.

We learned about vaping and vaping devices. There are many different kinds of devices. Some have evolved over time. There was a concern at one point about batteries exploding in certain devices.

We need to make sure that something is done with the vaping industry, because today the vaping industry is totally unregulated. In fact, it is illegal. We have a lot of stores that have sprung up all over the place, but there is no governance or oversight to prevent them from selling these devices to young people or from selling marijuana at the same time. Definitely we need to see this industry regulated, so I am happy to see that regulations would be brought in with Bill S-5.

Quite a number of studies were presented to us by the Canadian Cancer Society. It is one of many health organizations that support this proposed legislation. I believe that 362 health organizations have come forward in support of this proposed legislation.

Of the 150 studies that have been done, there are eight countries that have been looking to implement plain packaging, and they have seen a reduction in the number of people smoking.

In terms of trying to make the bill better, we brought a whole bunch of amendments, but not a single one was accepted by the government. Therefore, I will spend a little time telling members about the amendments we tried to bring so they understand why I am disappointed that they were not received well.

First, if we look to Europe and the U.K., there is an additive called diacetyl, which is used for flavour. It gives a buttery flavour. It was found in the popcorn industry to cause something they dubbed “popcorn lung”. It is a very serious respiratory issue. This additive has been banned. It is prohibited in both the U.K. and Europe, and we felt that we should learn from their experience. They have been looking into the vaping side of things for 10 years now. We brought an amendment to prohibit that additive here, which, of course, was rejected. I cannot imagine for what reason.

Another issue we brought forward was something we heard from those in the tobacco industry. The tobacco industry is obviously going to eventually go out of business as people stop smoking, and there will be some job losses. However, more importantly, the plain packaging that was recommended as the solution is the old sleeve packaging we used to have. Those machines that manufactured that old packaging were all sold, in some cases to the people who are providing the contraband today. In terms of ordering new equipment, that equipment is obsolete.

There is not a good enough timeline in the proposed legislation, which calls for it to go into effect right away. There is not enough time for these people to purchase new equipment and get it established to comply with the proposed regulations.

For that reason, we brought an amendment that would extend the time of implementation by 12 months in order to allow time for businesses to come onside and comply with the legislation. That, of course, was also not accepted.

We also were interested in making sure that people know about the harm reduction information that is available. There have been studies within the tobacco industry on the new technologies that the industry is bringing forward. In the U.K. there was a study on vaping that showed there was a 95% reduction in harm. It is important for people who are smokers to be able to get hold of the information that there is less harm in some of these products and that they can be an avenue for them to stop smoking, but the bill would not allow anybody except Health Canada or the Minister of Health to provide harm reduction information. We thought that doctors and folks involved in smoking cessation clinics should be able to pass on this information, so we brought amendments on that as well, which were, of course, rejected.

Another thing we wanted to address was the issue of contraband. The Parliamentary Secretary to the Minister of Health indicated that it was not a problem in Australia, but we should point out that Australia does not grow tobacco. It has to import all of it. In Canada, we grow tobacco in quite a number of places, and the contraband problem that we have currently is quite severe. Thirty or forty per cent is the estimate across the country, and in some places like Ontario, 60% of the cigarettes are contraband. Contraband brings along with it organized crime and activities that we do not want. We are worried that implementing plain packaging would make it easier for people to produce contraband cigarettes, so we were looking at ways and technologies that could be used to mark the cigarettes or mark the cases to make sure that people are not able to counterfeit them.

Counterfeiters are very good at what they do, and we always have to keep ahead of the technology. We heard witnesses tell us that producers of contraband are even able to get hold of the CRA stamps that are put on government packages, or to copy them in some way. That was another amendment that we would have liked to see to make sure that those contraband protection technologies were implemented, but of course that was also not accepted.

In looking at all the different technologies, we wanted to make sure that the bill covered everything. Marijuana and marijuana-consuming devices were not really covered in the marijuana legislation, and in this legislation we did not cover marijuana at all, so there is a gap there. We should have made it much clearer as to whether we want people to vape marijuana. To my mind, that is still an outstanding question.

Overall, the bill itself had a lot to it. Many people came before us. The convenience store owners were really concerned. Today they do not participate in the vaping industry and they want a chance to participate, but they feel they may not be able to do that because of the way they are regulated. They have a good record in terms of making sure that young people are not buying cigarettes, so they already have a good protocol in place for doing that, whereas the existing vaping stores do not have that. We certainly want to make sure that the convenience store owners have the opportunity to participate and take advantage of all of this.

Some of the most interesting testimony that we heard was about how people are using vaping products. I mentioned that people are using them to get off smoking, but some other interesting ideas were also brought forward. I heard people talk about how those who are morbidly obese or diabetic and have cravings for sugar are actually licking cherry-flavoured or pie-flavoured vaping products to control their cravings for sugar and lose weight. That was fairly interesting as well.

When I look into the bill and the amendments that we brought, I feel that overall this bill would result in reduced smoking rates in Canada. I think it would do that. Over a 10-year period, Australia saw a 3% reduction in the smoking rate. It is not a huge thing and probably not the only thing, but it is important.

One of the things that concerns me about with vaping was testimony that 30% of young people have tried vaping, and of the 30% who tried vaping, 50% are likely to start smoking. That is why it is so critical in this legislation to make sure that we are not advertising vaping to children under 18 and that we have good controls in place to make sure that children under 18 are not getting hold of vaping devices, because if they do, they are likely to start smoking, and then we are back to the problem that the Conservative government previously addressed in terms of reducing smoking by young people.

Although I am very disappointed that the excellent recommendations brought forward in amendments from the Conservative Party were not accepted, I feel that the bill overall will reduce harm to Canadians, and the vaping industry will be regulated. Therefore, we will be supporting this legislation.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:30 a.m.


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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Health

Madam Speaker, I thank the member opposite for her remarks and for the excellent work that she always brings to the health committee. I understand when amendments are brought forward that there is always a bit of disappointment and frustration if one's amendment is not agreed to. However, I would commend the work in totality of the health committee and all of the evidence that they heard.

The question that I would ask the member is this. Given the nature of her remarks, I am in complete agreement with her that we need to take every measure possible to reduce the availability of contraband tobacco. It is one of the reasons I am a little perplexed by her strong advocacy for maintaining contraband cannabis. Perhaps she could explain why she differentiates between the two.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:35 a.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, we did not spend a lot of time talking about contraband marijuana during the Bill S-5 discussion. We talked mainly about the huge problem that we have today with contraband cigarettes.

It is no secret that many of the contraband cigarettes are produced at reserves across the country. It is an enforcement issue, because the reserves have the right to produce cigarettes; the problem is that other people are coming to the reserve and purchasing them. From an enforcement point of view, one has to either arrest everyone as they come out of the smoke shop or not do anything. If there has not been a successful solution on contraband cigarettes, then I doubt that we are going to see any successful solution elsewhere.

Contraband marijuana will be a significant problem. When we were doing the cannabis legislation, indigenous people testified that they will want the right to produce and distribute marijuana, so we may run into the same situation there. If there are no good solutions and none are found on smoking, then I do not think we are going to be successful in the marijuana area either.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:35 a.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Madam Speaker, the debate around contraband cigarettes is absolutely fascinating. Plain packaging will not make the slightest difference. I have been an MP for nearly seven years now, and convenience store owners and other stakeholders have been telling me about this problem for years.

In spite of the current packaging, contraband is already a problem. In my opinion, we need to focus on two key aspects, rather than just passing legislation, if we really want to go on the offensive. To those who have concerns about this legislation in relation to contraband, I will say that the problem is not plain packaging. Rather, the Canada Border Services Agency and the Royal Canadian Mounted Police need resources to tackle this problem properly, regardless of packaging and the legislation governing it.

Would my colleague support the idea of allocating more resources to the RCMP and CBSA to tackle the problem of contraband cigarettes?

Tobacco ActGovernment Orders

April 27th, 2018 / 10:35 a.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I thank my colleague for his question.

When it comes to contraband, I think that we need more enforcement activity, and more enforcement activity is going to require extra money. However, I think we need to think about what the strategy is going to be and how we are going to go about doing that. In my riding of Sarnia—Lambton, we have smoke shops everywhere. I know people are buying contraband cigarettes. It is a very common thing. It is considered normal.

I do not know how we can get the resources that are needed. An enormous number of people are purchasing contraband products, so enforcement will require quite a number of people, and what will the penalty be? Will that plug up the justice system, which is already beleaguered because the Minister of Justice has not appointed enough judges and there are so many different types of charges today?

I think it is something that we will need to put resources into and think carefully about.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:35 a.m.


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Conservative

Martin Shields Conservative Bow River, AB

Madam Speaker, I appreciated my colleague's speech very much, as she does a tremendous amount of work on this file.

If she had the option of choosing just one amendment from all of the great amendments they proposed, which one would she say was the best amendment that could have been made?

Tobacco ActGovernment Orders

April 27th, 2018 / 10:35 a.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, it is always hard to pick just one, but if I had to, I would go with the diacetyl one, because it was something that was experienced as a serious respiratory illness. It is something that was studied and prohibited by the U.K. and the EU, so that one to me is probably the best.

My second choice would be the extension of time for all of the tobacco industry folks to be able to comply with the legislation.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:35 a.m.


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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Madam Speaker, I thank my colleague for her speech.

I am curious to know if this debate has included any discussion of how the revenue from excise taxes is used in Canada, which is among the worst on that score. Tobacco manufacturers pay billions in excise taxes, and that money could be spent on prevention and education about the harmful effects of tobacco use. Currently, the federal government uses only a tiny fraction of the excise tax revenue for education. It is actually the provinces that are doing more in terms of education and advertising to tell people about the harmful effects of tobacco.

Is that part of the debate? Does my colleague think that is something we should consider in addition to what is in today's bill?